Warren Court

Is the current Supreme Court “pro-business?” That assertion has been made with increasing frequency, most recently in a New York Times article headlined “Corporations Find a Friend in the Supreme Court.”

Written in 1952, dredged up in 1971 and again in 1986 and now resurrected again in 2012—the specter of the memo written by former Chief Justice William Rehnquist for Justice Robert Jackson about his thoughts on segregation cases has haunted him for 60 years. And now, a pair of scholars...